(a) A seizing authority may seize a motor vehicle used in violation of § 3-1102 or § 3-1103 of the Criminal Law Article and recommend forfeiture to the forfeiting authority if the total circumstances of the case as listed in subsection (b) of this section dictate that seizure and forfeiture are justified.

(b) Circumstances to be considered in deciding whether seizure and forfeiture are justified include:

(1) evidence that the motor vehicle was acquired by use of proceeds from a transaction involving a violation of § 3-1102 or § 3-1103 of the Criminal Law Article;

(2) the circumstances of the arrest; and

(3) the way in which the motor vehicle was used.